The preservation and improvement of the quality of the natural and man-made environment within the City of Binghamton, in the face of population growth, urbanization, and technologic change with their accompanying demands on natural resources, are found to be of increasing and vital importance to the health, welfare, and economic well-being of present and future inhabitants and require forthright action by the governing body of the City of Binghamton. It is recognized that the biologic integrity of the natural environment on which man is dependent for survival and natural and functional beauty of our surroundings which condition the quality of our life experience cannot be protected without the full cooperation and participation of all the people of the City working in partnership with local and state officials and with various public and private institutions, agencies, and organizations. Establishment of a commission for conservation of the environment is a necessary step in fostering unified action on environmental problems.
[Adopted 5-15-1972 by Ord. No. 95-72 (Ch. 2, Div. 10, §§ 2-159 through 2-163.3, of the 1970 Code)]
The Common Council of the City of Binghamton hereby creates a commission which shall be known as the”Binghamton Commission for Conservation of the Environment,” hereinafter called the “Commission.”
[Amended 7-10-2024 by Ord. No. 24-56]
The Commission shall consist of nine members who shall be appointed by the Common Council, and who shall serve at the pleasure of Council, and upon appointment shall serve as follows: four of the nine initial appointees shall serve one-year terms of office, and the other five initial appointees shall serve for two years. Thereafter all appointees, other than those filling unexpired vacancies, shall be for two-year terms. Persons residing within the City of Binghamton who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as members of the Commission. Vacancies on the Commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term. Ex officio members of Binghamton City Council, City of Binghamton Public Works Department, Binghamton Parks and Recreation Department, Binghamton Planning Commission and other City of Binghamton officials may hereafter be designated by City Council. Additionally, the Chair of the Commission may appoint, subject to approval by a majority of members at a regular monthly meeting, any number of individuals as associate members; with such associate members being nonvoting, ex-officio members of the Commission. Associate member appointments shall be for a term of one year and an associate member may serve any number of one-year terms. No members of the Commission shall receive compensation for their services. Members of the Commission may be reimbursed, to the extent that the budget permits, for expenses necessarily incurred in the performance of their Commission duties (excluding associate members), subject to City expenditure approval procedures.
The Common Council shall designate a member of the Commission to act as Chairperson thereof. At the first meeting of the Commission its members shall elect from among themselves a recording secretary. The Commission shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 18-61 of this article.
The powers and duties of the Commission shall be to:
A.
Advise the Common Council on matters affecting the preservation, development, and use of the natural and man-made features and conditions of the City insofar as beauty, quality, biologic integrity, and other environmental factors are concerned and, in the case of man's activities and developments, with regard to any major threats posed to environmental quality, so as to enhance the long-range value of the environment to the people of the City of Binghamton.
B.
Develop and, after receiving general approval by ordinance of the Common Council, conduct a program of public information in the community which shall be designed to foster increased understanding of the nature of environmental problems and issues and support for their solutions.
C.
Conduct studies, surveys, and inventories of the natural and man-made features within the City of Binghamton and such other studies and surveys as may be necessary to carry out the general purposes of this article.
D.
Maintain an up-to-date inventory or index of all open spaces in public or private ownership within the municipality, including but not limited to natural landmarks, glacial and other geomorphic or physiographic features; streams and their floodplains, swamps, marshlands, and other wetlands; unique biotic communities; scenic and other open areas of natural or ecological value; and of the ownership, present use and proposed use of such open areas, so as to provide a base of information for recommendations by the Commission for their preservation and/or use.
E.
Seek to coordinate, assist, and unify the efforts of private groups, institutions, and individuals within the City of Binghamton in accord with the purposes of this article.
F.
Maintain liaison and communications with public and private agencies and organizations of local, state, and national scope whose programs and activities have an impact on the quality of the environment or who can be of assistance to the Commission.
G.
Working in cooperation with the Planning Board, recommend from time to time to the Common Council features, plans, and programs relating to environmental improvement for inclusion in the Master Plan of the City of Binghamton and, similarly, recommend to the Common Council appropriate and desirable changes in existing local laws and ordinances relating to environmental control or recommend new local laws and ordinances.
H.
Prepare, print, and distribute books, maps, charts, and pamphlets in accord with the purposes of this article.
I.
Obtain and maintain in orderly fashion maps, reports, books and other publications to support the necessary researches of the Commission into local environmental conditions.
J.
When authorized by ordinance of the Common Council of the City of Binghamton, the Commission may accept by gift, grant, devise, bequest, or otherwise, property, both real and personal, in the name of the City of Binghamton, as may be necessary to conserve and otherwise properly utilize open spaces and other land and water resources within the boundaries of the City of Binghamton. Such real property may be accepted in fee for land and water rights, or as any lesser interest, development right, easement, including conservation easement, covenant, or other contractual right, including conveyance with limitations or reversions.
K.
Carry out such other duties as may be assigned from time to time by the Common Council.
The Commission shall submit an annual report to the Common Council not later than the first day of April of each year, concerning the activities and work of the Commission and from time to time shall submit such reports and recommendations as may be necessary to fulfill the purpose of this article.
The members of the Commission, including ex officio members, shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor.
This article shall be deemed an exercise of the powers of the City of Binghamton to preserve and improve the quality of the natural and man-made environment on behalf of the present and future inhabitants thereof. This article is not intended and shall not be deemed to impair the powers of any other public corporation.